Attachment 1 - Solicitation High Sierra RS Demolition.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1168801

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

Judith Martin

Email quotes to PPS.proposals@usda.gov

JUDITH MARTIN 208-346-1875

GAOA

06/10/2026

127EAW26Q0024

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

(GAOA) High Sierra Ranger Station Demolition, High Sierra Ranger District, Sierra

National Forest, Fresno County, CA

Work includes the removal and disposal of nine existing buildings, plumbing, concrete footings, and electrical conduit at the High Sierra Ranger Station.

All Contractors must be registered in the System for Award Management (www.SAM.gov) at time of submission of a quote. Contractors are responsible for following all submission instructions and to ensure delivery of all required documents by the date and time set for receipt of quotes or any Amendment that extends the receipt date.

- Proposal Evaluation and Basis for Contract Award: Starts on Page 31

- Quotation/Proposal Submittal Requirement: Starts on Page 34

- Bid Guarantee (FAR 52.228-1): 20% required if quote is in excess of $150,000.

- Price Range: Between $250,000 and $500,000

- NAICS: 238910. The small business size standard is $19 Million.

- This acquisition is a total Small Business set-aside

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 80 calendar days and complete it within ________________ ________________ calendar days after receiving

07/08/2026

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

KELLIE J. SHAW

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAW26Q0024

KEY DATES

- Organized Site Visit: See Page 33

- Questions: See Page 36

- Date, Time and Place Quotes are Due: See Page 33

Delivery: 09/30/2026

Delivery Location Code: 9A40

SIERRA NATIONAL FOREST

1600 TOLLHOUSE RD

CLOVIS CA 93611-0532 US

Period of Performance: 07/13/2026 to 09/30/2026

0001 GAOA High Sierra Ranger Station Demolition, see attached Schedule of Items.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

GAOA High Sierra Ranger Station Demolition

RFQ 127EAW26Q0024

Attachment 1 - Solicitation Terms and Conditions

(GAOA) High Sierra Ranger Station Demolition High Sierra Ranger District, Sierra National Forest

Fresno County, CA

STATEMENT OF REQUIREMENT

Furnish all labor, equipment and material to accomplish the work under this contract. Work includes, but is not limited to, the following major items:

• High Sierra Ranger Station Barracks #1 FS1349(208 sq.ft.)

o Remove existing 208 sq.ft. building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

• High Sierra Ranger Station Barracks #2 FS1350(208 sq.ft.)

o Remove existing 208 sq.ft. building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

• High Sierra Ranger Station Barracks #3 FS1353(217 sq.ft.)

o Remove existing 217sq. ft. building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

• High Sierra Ranger Station Barracks #4 FS1371 (217 sq.ft.)

o Remove existing 217 sq. ft. building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

• High Sierra Ranger Station Laundry/ Women’s Bathroom FS1372 (256 sq. ft.)

o Remove existing 256 sq. ft. building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

• High Sierra Ranger Station Kitchen FS1375(432 sq.ft.)

o Remove existing building, plumbing, concrete footings, and electrical conduit.

Dispose of properly. Salvage fire stove.

• High Sierra Ranger Station Toilet Building FS1871(42 sq.ft.)

o Remove pit toilet building. Dispose of properly. Supply temporary porta potties.

• High Sierra Ranger Station Shop FS2307(408 sq.ft.)

o Remove existing 408 sq. ft. building, plumbing, concrete footings, and electrical conduit. Tools are to be salvaged and secured for owner. Dispose of properly.

• High Sierra Ranger Station Men’s Bathroom FS2821(206 sq.ft.)

o Remove existing 206 sq. ft. building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

• High Sierra Ranger Station FS2350 Trash Building o FS2350 Remove existing building, plumbing, concrete footings, and electrical conduit. Dispose of properly.

SCHEDULE OF ITEMS/PRICE SCHEDULE

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

See Attachment 2 – SOI High Sierra Ranger Station Demolition. Contractors must submit pricing for ALL line items listed in Attachment (2) Schedule of Items. The completed Attachment 2 must be included in the Contractor’s Price Quote.

Definitization of Equitable Adjustments for Change Orders Pursuant to FAR 36.101-4(b), information regarding USDA’s definitization of equitable adjustments for change orders under construction contracts may be found at Contracting with USDA | USDA.

USDA's procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in AGAR 443.304-70.

TECHNICAL DATA

(a) Attachments

See separate attached documents. The following attachments are a part of this solicitation and any resulting contract.

Attachment No

Description Page(s)

2 Schedule of Items (SOI) High Sierra Ranger Station Demolition

3 Project Specifications High Sierra Ranger Station Demolition

4 Final Plan/Drawing Set High Sierra Ranger Station Demolition

5 High Sierra Fire Plan 9 6 Form CWM-2 High Sierra RS Demolition 1 7 Form CWM-8 High Sierra RS Demolition 1 8 DBA WD CA20260018, dated 05/18/26, Fresno

County, CA

(b) Specifications

The CSI Specifications are included as a supplemental document as indicated in (a) Attachments. All line items on Schedule of Items will further be detailed in the “Description of Work” section in all respective specifications. Some listed specifications in the schedule of items include reference specifications not listed and are subsidiary to or are included in payment for other pay items in this contract. Necessary reference specifications are indicated under each listed specification. These items are considered incidental, and no additional compensation will be made.

NOTE: Contractors are cautioned to carefully review these Project Specifications prior to submission of quotes. All specifications contained in Attachments are binding on the parties signing the contract.

(c) Start Work

It is estimated that work will begin on July 27, 2026.

(d) Commencement, Prosecution, and Completion of Work

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2026. The time stated for completion shall include final cleanup of the premises.

(e) Disposal and Retention/Salvage

1. Materials and equipment accruing from demolition of buildings or structures, or parts thereof, shall be disposed of as follows:

A. Retained/salvaged items which are to remain property of the Government are identified below and are to be retained and stored as directed by the COR. Items that remain property of the Government shall be removed or dislodged from present locations in such a manner as to prevent damage which would be detrimental to re-installation and reuse.

B. Items not retained/salvaged shall become property of the Contractor and be removed by Contractor from the site and disposed of in accordance with federal, state, and/or local laws.

BUILDING SALVAGE DISPOSAL ADDITIONAL

REQUIREMENTS

Barracks #1

FS1349

Remove existing building materials, plumbing, concrete footings, and electrical conduit.

Barracks #2

FS1350

Remove existing building materials, electrical conduit

Barracks #3

FS1353

Remove existing building materials, Barracks #4

FS1371

Remove existing building materials, Laundry/ Women’s Bathroom

FS1372

Water heater, washer and dryer

Remove existing building materials, Kitchen

FS1375

Fire stove, ranges, propane refrigerators, Solar array and components.

Remove existing building materials, Toilet Building

FS1871

Remove pit toilet building. Supply temporary porta potties.

Shop FS2307 Tools, radial arm saw, compressor

Remove existing building materials, Trash Building

FS2350

Remove existing building materials,

(f) Construction Waste Documentation

The Contractor shall document all construction waste generated during the demolition process on Attachment 6 and 7. Provide documentation to the COR detailing the types and quantities of construction waste, including disposal methods and locations.

(g) Project Site Clean Up

Project site cleanup includes the removal and proper disposal of all replaced waterline and appurtenances, construction trash, debris, residue, and asphalt and concrete slag from National Forest Land. Items such as excess paint and miscellaneous building materials are considered the property of the Contractor and shall be removed from the project site.

All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed of according to all Local, State, and Federal rules, regulations, and laws governing such disposal.

During the Work the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent.

The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters. Dumpster/trash receptacles shall be placed on existing asphalt only or as directed by the Contracting Officer.

(h) Special Conditions Affecting the Work

1. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government.

2. Cultural Resources Protection Measures. All excavation and trenching work shall be done along existing utility lines where the soil has been previously disturbed. All Contractor operations shall avoid disturbance of in place soils as specified in the specifications. The Contractor shall stay on established roadways and paths at all times during the duration of the contract.

3. Weather. Low temperatures at the project site range from temperatures of less than 20 ºF in December and January to lows of 65 ºF in July and August. High temperatures range from 45 ºF in December and January to over 90 ºF in July and August. The annual precipitation at the project site is less than 12 inches per year including snow fall. The Work Center is open year round; however snowstorms and freezing temperatures may occur during the winter months that result in a winter project shutdown. Icy conditions on local roads and highways can occur during the fall, winter and spring. Highway curves in shaded areas will remain covered with ice or frost for weeks.

4. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. Weekend work is not allowed in this contract. Dogs and pets are not allowed on the project site at any time.

5. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

6. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of building materials and sections or parts of buildings to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site. The Government will not be responsible for any building materials or parts or sections of buildings that can not be transported to the site.

7. Temporary Site Utilities. Contractor may install temporary site utilities to support work on the project. The contractor shall not excavate any ground outside of the work as described in the contract for the connection of any temporary site utilities. The installation of temporary utilities is the responsibility of the Contractor and shall be paid for by the Contractor. The Contractor shall provide the Contracting Officer with written certification that all temporary site utilities have been properly disconnected and the final utility bills are paid in full. The Contractor may make a temporary hookup to the existing Forest Service water line to provide water for construction and/or temporary housing when available. On site existing Work Center utilities are subject to availability and must be coordinated through the Contracting Officer.

8. Toilets. No toilet or shower facilities are available on site. Contractor shall provide toilet facilities for its employees.

9. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on the premises as indicated by the Contracting Officer. All waste material must be transported off-site to a station equipped to handle such waste. A partial hookup trailer pad may be available at the Work Center for the Contractor’s use during the contract. This is subject to availability and must be coordinated through the Contracting Officer.

10. Security. Contractor is responsible for the Contractor’s equipment and building materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day.

All hand tools, ladders and other equipment shall be secured at the end of each working day.

On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

11. Burning Permits. No on-site burning of slash or other debris is allowed during the duration of this contract. The Contractor shall comply with the Fire Plan for Construction and Service Contracts included in the Contract.

12. Protection of Resources. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

(i) Washing Equipment

All equipment used on the site shall be cleaned and inspected off National Forest land prior to its arrival on the site. The equipment must be 1) free of all mud, seeds, plants, and plant fragments; and 2) free of oil, fuel, or toxic leaks that would wash off into the water. Only construction equipment inspected by the Contracting Officer Representative will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in. Notify the Contracting Officer Representative 48 hours in advance of mobilizing equipment to the site to arrange an inspection.

(j) Site Superintendent

It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

· Executed Copy of the Contract

· Contract Drawings

· Contract Specifications

· Quality Control Plan – (up to date)

· As-Built Drawing – (up to date) if required

· Work Orders

· Modifications

· Weekly Progress Summary

· Three Week Lookahead for Sites

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

(k) Special Contract Requirements

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements.

(l) Packing and Marking

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

(m) Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of award.

The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

(n) Invoicing

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

(o) Pre-Final and Final Inspection

1. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

2. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date.

The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

FEDERAL ACQUISITION REGULATION (FAR) AND UNITED STATES

DEPARTMENT OF AGRICULTURE ACQUISITION REGULATION (AGAR)

CLAUSES AND PROVISIONS

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting Officers will rely on representations from Contractors based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services

(NOV 2025)

This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:

(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).

(d) Changes. Changes will be handled in accordance with the following FAR clause(s):

☒ FAR 52.243-4, Changes (JUN 2025) ☐ FAR 52.243-5, Changes and Changed Conditions (JUN 2025)

FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.222-50 Combating Trafficking in Persons (NOV 2025) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-3 Protest after Award (SEP 2025)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (SEP 2025) FAR 52.240-91 Security Prohibitions and Exclusions (NOV 2025) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV

2025) FAR 52.253-1 Computer Generated Forms (NOV 2025)

The following clauses are applicable:

FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

Alternate I (NOV 2021) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.204-13 System for Award Management - Maintenance (NOV 2025) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (SEP 2025)

FAR 52.209-9 Updates to Publicly Available Information Regarding Responsibilities Matters (SEP 2025)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (SEP 2025)

FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2025) FAR 52.219-8 Utilization of Small Business Concerns (NOV 2025) FAR 52.219-14 Limitations on Subcontracting (NOV 2025)

☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

FAR 52.222-3 Convict Labor (NOV 2025) FAR 52.222-35 Equal Opportunity for Veterans (NOV 2025) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (NOV 2025) FAR 52.222-37 Employment Reports on Veterans (NOV 2025) FAR 52.222-40 Notification of Employee Rights Under National Labor Relations Act

(NOV 2025)

FAR 52.222-54 Employment Eligibility Verification (NOV 2025) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (NOV 2025) FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(NOV 2025)

FAR 52.223-3 Hazardous Material Identification and Safety Data (NOV 2025) Alt I

(NOV 2025)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-23 Sustainable Products (NOV 2025) FAR 52.227-1 Authorization and Consent (JUN 2020)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

FAR 52.229-3 Federal, State, and Local Taxes (JUL 2025) FAR 52.229-12 Tax on Certain Foreign Procurements (Jul 2025) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.233-1 Disputes (SEP 2025) Alt I (SEP 2025) FAR 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (NOV

2025)

The Contractor shall comply with the following FAR Clauses for Commercial Construction:

FAR 52.222-6 Construction Wage Rate Requirements (NOV 2025) FAR 52.222-7 Withholding of Funds (NOV 2025) FAR 52.222-8 Payrolls and Basic Records (NOV 2025) FAR 52.222-9 Apprentices and Trainees (NOV 2025) FAR 52.222-10 Compliance with Copeland Act Requirements (NOV 2025) FAR 52.222-11 Subcontracts (Labor Standards) (NOV 2025) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (NOV 2025) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.236-5 Material and Workmanship (JUL 2025)

The following construction clauses are applicable:

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(NOV 2025)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds - Construction (JUN 2020) FAR 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021) FAR 52.236-2 Differing Site Conditions (JUL 2025) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (JUL 2025) FAR 52.236-6 Superintendence by the Contractor (JUL 2025) FAR 52.236-7 Permits and Responsibilities (JUL 2025) FAR 52.236-8 Other Contract (JUL 2025)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (JUL 2025)

FAR 52.236-10 Operations and Storage Areas (JUL 2025) FAR 52.236-11 Use and Possession Prior to Completion (JUL 2025) FAR 52.236-12 Cleaning Up (JUL 2025) FAR 52.236-13 Accident Prevention (JUL 2025) Alt I (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (JUL 2025) FAR 52.236-17 Layout of Work (JUL 2025) FAR 52.236-21 Specifications and Drawings for Construction (JUL 2025) Alt I (APR

1984) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-14 Suspension of Work (APR 1984) FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.248-3 Value Engineering – Construction (OCT 2025)

Full Text Clauses:

FAR 52.225-9 Buy American Act-Construction Materials (NOV 2025)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity Price (dollars)*

Item 1:

Foreign construction material.

Domestic construction

Item 2:

Foreign construction

Domestic construction

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR Clauses Incorporated by Full Text:

AGAR 452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (MAY 2026)

(a) By entering into this contract, the contractor certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

2. Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to contractor’s compliance with the above requirements and/or eligibility for the contract may subject the contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

AGAR 452.203-72 Unenforceable Supplier Terms (APR 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract shall govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms shall be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

(1) Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

(2) Requires the Government to indemnify the contractor or any other entity.

(3) Restricts the Government’s ability to obtain similar supplies or services from another source.

(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable

Federal law.

(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing,…